INFRASTRUCTURE ENVIRO-WATER MANAGEMENT SDN BHD SUMUR MUTIARA SDN BHD

INFRASTRUCTURE ENVIRO-WATER MANAGEMENT SDN BHD SUMUR MUTIARA SDN BHD

The appeal is allowed and summary judgment set aside because the defendant successfully raised triable issues — namely the disputed existence of an oral share sale agreement, the questioned authority of the director to bind the company, and contested facts about the RM210,000 payments — such that the matter requires full trial to resolve the conflicts in affidavit evidence.

Citation
BA-12ANCC-75-12/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Sumur Mutiara Sdn Bhd; Respondent/plaintiff: Infrastructure Enviro-Water Management Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 July 2020
Case Number
BA-12ANCC-75-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (summary Judgment Under O.14) / Re Hearing of O.14 Application on Appeal; Remitted to Sessions Court for Trial
Outcome
Appeal allowed; summary judgment set aside; matter remitted to the Sessions Court for trial; costs awarded to Defendant.
Legal Topics
Summary Judgment (order 14), Oral Agreement for Sale of Shares, Authority of Company Directors, Triable Issues, Burden of Proof in Summary Judgment
Source Language
Malay/English
Civil Procedure Contract Law Company Law Evidence Summary Judgment (order 14) Oral Agreement for Sale of Shares Authority of Company Directors Triable Issues +1 more

Case Brief

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Parties

Sumur Mutiara Sdn Bhd

Appellant/defendant

Infrastructure Enviro-Water Management Sdn Bhd

Respondent/plaintiff

Procedural Posture

Civil Appeal (summary Judgment Under O.14) / Re Hearing of O.14 Application on Appeal; Remitted to Sessions Court for Trial

Legal Issues

  1. 1 Whether summary judgment under O.14 was appropriate
  2. 2 Whether an oral agreement to sell the Defendant's shares was established
  3. 3 Whether the director had authority to bind the company to sell shares absent board resolution

Ratio Decidendi

The appeal is allowed and summary judgment set aside because the defendant successfully raised triable issues — namely the disputed existence of an oral share sale agreement, the questioned authority of the director to bind the company, and contested facts about the RM210,000 payments — such that the matter requires full trial to resolve the conflicts in affidavit evidence.

Court Disposition

Appeal allowed; summary judgment set aside; matter remitted to the Sessions Court for trial; costs awarded to Defendant.

Orders

  • Appeal allowed and decision of the Sessions Judge dated 3 December 2019 set aside
  • Case remitted to the Sessions Court for trial